The Amendments To The Public Administration Act Plant

Original Language Title: Grozījumi Valsts pārvaldes iekārtas likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/194045

The Saeima has adopted and the President promulgated the following laws: the law of public administration equipment to make the equipment of Public Administration Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 14; 2008, 13. no; 2009, 9. no) the following amendments: 1. To supplement article 7 of part 5.1 by the following: "(51), direct administration subordinated to the authority of implementing the institutional form, if the law does not provide otherwise."
2. Supplement article 10 eighth in the second sentence by the following: "If the information required in the regulatory decision governing the public legal relations with the private individuals, are at the disposal of the other institutions, it gets even, not required from individuals."
3. Express article 15 the following: ' article 15. The establishment of direct administration, reorganization and liquidation (1) Cabinet creates, reorganize and eliminates the direct administrative authority based on law or on their own initiative, subject to the principles of public administration, through the evaluation of the function, the function and service cost comparison and assessment of the impact on the institution's obligations.
(2) the Cabinet of Ministers, establishing direct administration, Member of the Cabinet of Ministers, which is subordinated to the direct regulatory authority is located.
(3) direct regulatory authority reorganize: 1) transfer to the public persons, child-led authority continue to exist as a sub-delegation of authority;
2) combining it with another body or several other institutions — led to the institution of the reorganizējam base creates a new authority;
3 transfer to the Department or) more units to another institution, or a number of other authorities or delegating the task of Government by an individual, the result of authority continue to exist;
4) passing certain government tasks to another body, — the result of authority continue to exist.
(4) direct regulatory authority removed: 1) adding another body — a result that authority ceases to exist;
2) delegating administration tasks to the Corporation, all of which shares (shares) owned by one or more persons results public body ceases to exist;
3) giving up the task execution results, or its constituent bodies cease to exist;
4) dividing all its departments with other institutions or by dividing all the other authorities and the delegation of certain administrative tasks to individuals — a result of the body ceases to exist;
5) transfer to the administration tasks to another body, — the result of authority ceases to exist.
(5) delegating public administration tasks of the Corporation, which all the shares (shares) owned by one or more persons, the public corporation has authority, and accepting the obligations (including the rights and obligations arising from the applicable labour legal relations, unless the decision on reorganization or liquidation not otherwise specified).
(6) If direct Government or its departments appends or puts the vicariously regulatory authority or if the direct administrative authority combined with the intermediate administrative authority, as well as direct administrative authority or body in accordance with this article, the third or fourth subparagraph is added or transferred direct regulatory authority, the Cabinet and the public persona of the derivative before a decision on reorganization or liquidation, the authorities shall agree on the conditions of reorganisation If the law does not provide otherwise.
(7) the Authority's internal reorganization, which do not provide for the transfer of the unit or division between the other institutions, is not considered a reorganization within the meaning of this article. "
4. in article 17: turn off the second part of the second point;
to supplement the article with the fourth paragraph as follows: "(4) the Cabinet of Ministers shall lay down the criteria for the establishment of the authority structure of the institutions, procedures and a list of matching procedures. A list of institutions approved by the authorities. "
5. Supplement article 27 text with the words "and the evaluation function".
6. Express article 30 the second part as follows: "(2) in respect of the authority to directly apply article 15 of this law, the third, fourth, fifth and sixth parts, and article 17, first and second subparagraph."
7. Express article 40 the second paragraph as follows: "(2) an individual management tasks can be delegated to external legislation or agreement, when the external regulatory act, pursuant to article 41 of this law, the second and third subparagraph."
8. in article 41: make the second paragraph of paragraph 1 by the following: "1) industry development policy and planning;"
make the third paragraph as follows: "(3) in addition to the Individuals referred to in the second subparagraph of article may not delegate to: 1) administrative issues, except where provided for by law;
2) administrative tasks related to the State's external and internal security functions, except where provided for by law;
3) representation of the Republic of Latvia in economic, military and political institutions of the Union and, except where provided for by law;
4) management tasks that support the Constitution of the Republic of Latvia the guaranteed human rights implementation and monitoring and enforcement procedures and institutions are determined by the legislature;
5) other administrative tasks, which by their nature are public administrative functions and which may be carried out only by the authorities. "
9. Article 43: make the first paragraph by the following: "(1) delegating administrative tasks, external regulatory act defines authority subordinated to the authorised person in respect to a particular task.";
to make a fifth by the following: "(5) the authorized person and the authority, which is subordinated to the authorised person responsible for delegating tasks in legal and appropriate. The authority, which is subordinated to the authorised person is issued the administrative act contested, if the external regulatory act does not provide otherwise. "
10. To supplement the law with article 43.1 of the following: ' article 43.1. The provision of services, carried out the tasks of public administration (1) the services, performing tasks of public administration, private economic activity provide for charges, which the individual exercises his activity and relevant public administration task, if legislation in the area of taxes and levies otherwise.
(2) the task of individuals within the service provided fee determination and approval procedures as well as the exemption shall be determined by the Cabinet of Ministers.
(3) the tasks of public administration within local government authorized private service provided fee determination and approval procedures as well as exemptions to individuals determined by the Municipal Council.
(4) the public administration within the framework of the task in the third paragraph of this article does not mention derivative public person authorized private service provided fee determination and approval procedures as well as exemptions for individuals in the person of the child, the highest decision-making body of the public. "
11. To complement the chapter V with the following wording for article 29.3:29.3 "article. Cessation of effect (1) delegation in the event of termination, the parties will ensure the task of executing continuity.
(2) If the authorised person that is a corporation, all of which shares (shares) owned by one or more persons, the public is eliminated, the Corporation of the property, rights and obligations (including the rights and obligations arising from the legal relationship of employment and the need for public administration tasks for future execution) is passed to the relevant public institution where the person is a corporation's shares (shares), where the decision on the dissolution and winding up otherwise.
(3) the winding up of the Corporation, and delegated the task of direct or direct transfer of administrative authority for the implementation of the annual budget of the national or local planning process. "
12. in article 54: turn off in the first paragraph, the words "which is not a hierarchical relationship".
make the second paragraph as follows: "(2) the authority of the other institutions has received a proposal of cooperation cooperation may be refused only if there is article 56 of this law in the reasons for the refusal.";
to supplement the article with the sixth part as follows: "(6) the institutions cooperation necessary information provided in electronic form, if the external regulatory Act provides otherwise and the provision of information is not contrary to the laws and established the rules for the provision of information. Arrangements for the exchange of such information takes place, as well as how to ensure and certify to the accuracy of such information is determined by the Cabinet of Ministers. "
13. Express article 55 of the fourth subparagraph by the following: "(4) the authority shall, by mutual agreement and without prejudice to their competencies, may provide for other subjects of cooperation."
14. Express article 87 of the first paragraph of point 2 as follows: "2) services;".
15. Make the article 88(2), second subparagraph by the following:

"(2) the conduct of the public Business entity (public) in accordance with the law setting up the Corporation."
16. transitional provisions: turn off paragraph 11;
transitional provisions be supplemented with 17, 18, 19 and 20 the following: "17. The Cabinet of Ministers and Municipal Council until July 1, 2010 to ensure that public business that started before the date of entry into force of the law, comply with the requirements of this law.
18. The Cabinet of Ministers ensure that until 1 July 2010 is developed the necessary draft laws to ensure compliance with the relevant regulations of this law article 7 5.1.
19. The Cabinet of Ministers until 2009 October 1 issue article 54 of this law the provisions referred to in the sixth paragraph.
20. the institutions by 2009 December 1, ensure the exchange of information in accordance with this law, article 54 of the sixth. "
The law shall enter into force on July 1, 2009.
The Parliament adopted the law of 12 June 2009.
President Valdis Zatlers in Riga V. 30 June 2009 Editorial Note: the law shall enter into force by 1 July 2009.